A statute of limitations is like a ticking clock for your legal claim. When the clock runs out, you lose your ability to file a lawsuit. This can be especially critical in personal injury cases because missing the deadline can cause you to lose all your rights to recover compensation for your injuries.
In Louisiana, the statute of limitations for most personal injury cases is two years. This means that you have two years from the date of your accident to file a claim for damages. However, there are some exceptions to this rule, so keep reading below to learn all the details.
Why Does Louisiana Have a Statute of Limitations?
Every state has a statute of limitations, and each state sets its own limits for each type of case. These time limits exist for several reasons, including:
- To keep the court system running efficiently and not clogged with old cases
- To allow cases to be heard while the evidence is still fresh
- To prevent a defendant from living with a potential lawsuit over their head forever
These rules exist in both civil and criminal proceedings, and the rules are specific to the type of case or criminal charges being brought.
The Basic Louisiana Statute of Limitations
Your time to file a claim in Louisiana for a personal injury was recently extended from one year to two years. This time frame generally runs from the date of your accident, and it applies after most:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
In cases involving wrongful death, the victim’s family has only one year to bring a lawsuit for damages. The clock starts running on the date the victim dies in these cases.
Exceptions to the Statute of Limitations
There are a few exceptions that can extend the deadline for filing a claim. These exceptions will toll, or pause, the clock until the exception has been cleared. Some of the most common exceptions are:
- Minor Victim: If the victim is a minor, the statute of limitations will typically pause until they reach the age of 18. So, minor victims may have until their 20th birthday to file a suit for injuries that occurred while they were a child. If a parent or another adult filed a lawsuit on your behalf, then this exception does not apply.
- Defendant Flees the State: In some situations, the defendant may leave the state in an attempt to avoid a lawsuit. When that happens, the statute may pause until they return to the state.
- Mental Incompetence: If the victim is declared mentally incompetent, the statute may toll until they regain competence. As soon as competence is regained, the clock will start running again.
- The Discovery Rule: In some cases, an injury might not be discovered immediately. This is especially true in some situations, such as when a prescription drug causes an injury after long-term exposure to the drug. In those cases, the statute does not begin to run until the date on which the injury was actually discovered or should have reasonably been discovered.
To learn if any of these exceptions could apply to you, reach out to a personal injury lawyer.
What Happens if I Miss the Deadline?
Missing the filing deadline set by the statute of limitations can have dire consequences for your case. The defendant will typically ask the judge to throw out your case, and that is usually what will happen. Once the statute of limitations expires, you no longer have a legal right to bring a claim for your injuries.
Missing the deadline can also have adverse consequences on any settlement negotiations. Once the deadline passes, the insurance company or defendant knows that you can no longer sue them. The threat of a lawsuit is a big tool to use in settlement negotiations. Once that threat is no longer there, you do not have much leverage to negotiate a successful settlement.
A Personal Injury Lawyer Can Help
Since the rules surrounding the statute of limitations can get complicated, it is always wise to seek the help of an experienced personal injury lawyer. A lawyer can help you identify the filing deadline for your claim and ensure that you do not lose your right to recover compensation.
Contact a Louisiana Personal Injury Lawyer at Santana & Blanchard Personal Injury Lawyers
For more information, please contact the experienced Louisiana personal injury lawyers at Santana & Blanchard Personal Injury Lawyers today. We offer an initial free consultation.
We proudly serve Louisiana and it’s surrounding areas, including Metairie, Gretna and Kenner.
Santana & Blanchard Personal Injury Lawyers
3500 N Hullen St Suite 17K
Metairie, LA 70002
(504) 323-6000
Our law firm is located near you. Find us with our GeoCoordinates: 30.01245719602678, -90.15811234232851